The English High Court has ruled in support of Teva Pharmaceutical Industries Ltd.'s (NYSE: TEVA; TASE: TEVA) case against AstraZeneca on the validity of EP 1,085,877 covering the SMART (Single inhaler Maintenance And Reliever Therapy) indication for AstraZeneca's fixed dose formoterol/budesonide combination product, Symbicort.
The English High Court agreed with Teva that AstraZeneca’s patent covering the SMART indication of Symbicort was obvious, and rejected AstraZeneca's proposed amendments to the patent on the basis that they added matter. The case was brought to facilitate Teva's European launch of its formoterol/budesonide fixed combination product, DuoResp Spiromax, which utilizes Teva's innovative Spiromax device technology.
“Our DuoResp Spiromax product brings effective treatment to the patient in a device that is intuitive and easy to use, said Teva Global Specialty Medicines President and CEO Rob Koremans. “Yesterday's judgment is a big step in enabling us to make a difference to people’s lives in the UK and all across Europe.”
This is the latest decision in Teva's favor in respect of AstraZeneca's fixed dose, formoterol/budesonide combination product. Teva had previously successfully revoked patents EP 0,613,371 and also, EP 1,014,993, covering the use of the fixed dose combination in the treatment of asthma and in COPD respectively, and their national equivalents, before the European Patent Office and the Norwegian court.
Published by Globes [online], Israel business news - www.globes-online.com - on September 3, 2014
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